Reclaiming Progressive Realisation
A Children’s Rights Analysis
Bibliographic Data
| ID | 12192007 |
|---|---|
| Authors | Seamus Byrne (0000-0002-8317-3761, Lecturer in Law, School of Law and Social Justice, University of Liverpool, Liverpool, UK, [email protected], corresponding author) |
| Year | 2020 |
| Volume | 28 |
| Issue | 4 |
| Pages | 748-777 |
| Publication date | 2020-12-14 |
| Peer Reviewed | Yes |
| Open Access | Yes |
| Type | ARTICLE |
| Venue | The International Journal of Children s Rights (JOURNAL) |
| Journal identifiers | ISSN: 0927-5568 • E-ISSN: 1571-8182 |
| Publisher | Brill (PUBLISHER • NL) |
| DOI | 10.1163/15718182-28040011 |
| OpenAlex | W3113438344 |
| Language | EN |
| Citations received | 1 |
| References cited | 26 |
Any discussion on children’s socio-economic rights should not overlook their means of fulfilment; namely, the principle of progressive realisation and the legal duties arising therefrom. This article argues that from a children’s rights perspective, this principle has remained legally and operationally underdeveloped by the Committee on the Rights of the Child. This can be seen from their failure sufficiently to engage with, and address, the obligations imposed by progressive realisation in their General Comments and in their Concluding Observations on state practice issued under the Convention’s reporting process. This article argues that the cumulative consequence of these failings is that the Committee has peripheralised this important legal obligation within children’s rights scholarship and has ultimately undermined its ability to achieve its full legal potential in enhancing children’s socio-economic rights. In advocating for the promulgation of a revised General Comment on the General Measures of Implementation, it demonstrates how children’s rights can meaningfully reconnect with the principle in a more consequential way
Convention · Convention on the Rights of the Child · Human rights · International human rights law · Law and economics · Obligation · Political science · Promulgation · Realisation · Scholarship · Sociology · State (computer science · Statutory law · Children's Rights and Participation · Ethics and Legal Issues in Pediatric Healthcare · Human Rights and Development · Law
Minimum Core and the Right to Education
Economic, Social, and Cultural Rights in International Law
Constituting Economic and Social Rights
Economic, Social and Cultural Rights
Economic and Social Rights in a Neoliberal World
Applying an International Human Rights Framework to State Budget Allocations
Contesting Austerity
The Economics of the Austerity Crisis
Unwinding Retrogression
Rights in Recession? Challenges for Economic and Social Rights Enforcement in Times of Crisis
Closing the 'Escape Hatch
Conceptualising minimum core obligations under the right to health
Reflections on state obligations with respect to economic, social and cultural rights in international human rights law
Children's rights in Europe
Mainstreaming Children's Rights in, to and through Education in a Society Emerging from Conflict
Economic, Social and Cultural Rights in the CRC
The Principle of Non-Discrimination in the Convention on the Rights of the Child
Economic and Social Rights, Budgets and the Convention on the Rights of the Child
Obligations of ‘International Assistance and Cooperation’ in an Optional Protocol to the International Covenant on Economic, Social and Cultural Rights
Measuring State Compliance with the Obligation to Devote the "Maximum Available Resources" to Realizing Economic, Social, and Cultural Rights
The price is rights
The Convention on the Rights of the Child
Towards a Reasonable Approach to the Minimum Core
The Requirement of Using the 'Maximum of Available Resources' for Human Rights Realisation
Vienna Declaration and Programme of Action
| Unique citing works | 1 |
|---|---|
| Citations per year | 0,25 |
| Citation span | 2022 - 2022 (1) |
| Citation velocity | historical |
| Highly cited | No |
| Citation types | Neutral: 1 |